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The author discusses why the U.S. courts must classify the individuals with severe food allergies as having a disability under the Americans with Disabilities Amendments Act (ADAA). Topics discussed include need of accommodations and protections of these individuals under ADAA, prevalence and severity of food allergies in the U.S., and history of disability law.

The article considers the use of a federal safety standard by an employer to exclude individuals with disabilities in Bates v. United Parcel Service Inc. decided by the U.S. Court of Appeals for the Ninth Circuit. The author argues that the case illustrates that when an employer adopts such a standard and applies it beyond its scope, the employer will be required to justify the use of the standard to the job at issue under the business necessity defense of the Americans with Disabilities Act.